限权之难与国家踟蹰——以现代法国的先发后至为例

The Difficulty of Limiting the Power and the Waver of a Country——A Case Study of Modern France's Rapid Establishment of Regime but Slow Formation of Whole Social System

现代国家从初始创制到终成正果,可以区分为先发先至、先发后至、后发先至、后发后至、后发不至等情形。法国属于先发后至一类。原因在于,法国建构现代国家初始阶段将建国赋权于君主,而规范君主权力却未有效跟进。因此,绝对君主专制主义的法国要走向立宪民主的法国,就不能不偿付极大的代价,一是拉长了建构现代国家的时限,二是很难成为现代国家的典范形态。一个试图将建构现代国家处理为特权人物代替全国人民完成的事务的国度,必定陷入长期与不可控的国家权力作斗争的困境。经过长期的限权曲折,国家踟蹰而不知所措。法国迅速落定民族国家的现代国家形式结构,与其艰难落定于立宪民主的规范结构,成为建构现代国家的经典案例。

From the beginning of creating regime to forming complete society modern countries can be distinguished as the following： rapid establishment of regime and rapid formation of whole social system,rapid establishment of regime but slow formation of whole social system,slow establishment of regime but rapid formation of whole social system,slow establishment of regime and slow formation of whole social system,slow establishment of regime and failure of formation of whole social system and so on. France belongs to the situation of rapid establishment of regime but slow formation of whole social system. The reason is that there is no efficient way to restrict the power of monarch in the primary stage of building a modern country in France. Therefore,France need pay large costs to transform the absolute monarchy to the constitutional democracy,delaying the time of formation of modern state and hardly becoming the model form of the modern state. A country that tries to let privileged persons replace the whole people to build modern state is definitely falling into a long-term and uncontrollable struggle for state power. Through the long and hard time for limiting power,people are at a loss because of the waver of a country. France rapidly established the form structure of the modern country of a nation state and went through hard process of becoming the model structure of the constitutional democracy,which becomes the classical case of constructing a modern state.